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NR 105.10(2)(b) (b) A predicted baseline BAF for an organic substance derived using field-measured BSAFs of acceptable quality;
NR 105.10(2)(c) (c) A predicted baseline BAF for an organic or inorganic substance derived from a BCF measured in a laboratory study of acceptable quality and a food-chain multiplier. Food-chain multipliers are provided in 40 CFR part 132, Appendix B; or
NR 105.10(2)(d) (d) A predicted baseline BAF for an organic substance derived from a KOW of acceptable quality and a food-chain multiplier.
NR 105.10(3) (3) Review and selection of data. Measured BAFs, BSAFs and BCFs shall meet the quality assurance requirements provided in 40 CFR part 132, Appendix B and shall be obtained from available sources including the following:
NR 105.10(3)(a) (a) EPA Ambient Water Quality Criteria documents issued after January 1, 1980.
NR 105.10(3)(b) (b) Published scientific literature.
NR 105.10(3)(c) (c) Reports issued by EPA or other reliable sources.
NR 105.10(3)(d) (d) Unpublished data.
NR 105.10(4) (4) Human health and wildlife BAFs for organic substances.
NR 105.10(4)(a)(a) To calculate human health and wildlife BAFs for organic substances, the KOW of the substance shall be used with a POC concentration of 0.00000004 kg/L and a DOC concentration of 0.000002 kg/L to yield the fraction freely dissolved:
ffd   = 1 .
1 + (DOC)(Kow) + (POC)(Kow)
  10
  =   1 ..
    1 + (0.000002 kg/L)(Kow ) + (0.00000004 kg/L)(Kow)
  10
  =   1 .
  1 + (0.00000024 kg/L)(Kow)
Where:
DOC = concentration of dissolved organic carbon, kg of dissolved organic carbon/L of water.
POC = concentration of particulate organic carbon, kg of particulate organic carbon/L of water.
NR 105.10(4)(b) (b) The human health BAFs for an organic substance shall be calculated using the following equations:
For warm water communities:
Human Health BAF = [(baseline BAF)(0.013)+ 1](ffd)
For cold water communities:
Human Health BAF = [(baseline BAF)(0.044)+ 1](ffd)
Where: 0.013 and 0.044 are the fraction lipid values for warm and cold water fish and aquatic life communities, respectively, that are required to derive human health criteria and secondary values.
baseline BAF = the baseline BAF calculated according       to 40 CFR part 132, Appendix B.
NR 105.10(4)(c) (c) The wildlife BAFs for an organic substance shall be calculated using the following equations:
NR 105.10(4)(c)1. 1. For trophic level 3:
Wildlife BAF = [(baseline BAF)(0.0646)+ 1](ffd)
NR 105.10(4)(c)2. 2. For trophic level 4:
Wildlife BAF = [(baseline BAF)(0.1031)+ 1](ffd)
Where: 0.0646 and 0.1031 are the standardized fraction lipid values for dietary consumption from trophic level 3 and 4 fish taxa, respectively, that are required to derive wildlife criteria and secondary values.
baseline BAF = the baseline BAF calculated according       to 40 CFR part 132, Appendix B.
NR 105.10(5) (5) Human health and wildlife BAFs for inorganic substances.
NR 105.10(5)(a)(a) Human health.
NR 105.10(5)(a)1.1. Measured BAFs and BCFs used to determine human health BAFs for inorganic substances shall be based on edible tissue (e.g., muscle) of freshwater fish. If it is demonstrated that whole-body BAFs or BCFs are similar to edible-tissue BAFs or BCFs, then these data are acceptable. BCFs and BAFs based on measurements of aquatic plants and invertebrates may not be used in the derivation of human health criteria and values.
NR 105.10(5)(a)2. 2. If one or more field-measured baseline BAFs for an inorganic substance are available from studies conducted in the Great Lakes system with the muscle of fish, the geometric mean of the species mean baseline BAFs shall be used as the human health BAF for that substance.
NR 105.10(5)(a)3. 3. If an acceptable measured baseline BAF is not available for an inorganic substance and one or more acceptable edible-portion BCFs are available for the substance, a predicted baseline BAF shall be calculated by multiplying the geometric mean of the BCFs times a FCM. The FCM will be 1.0 unless chemical-specific biomagnification data support using a multiplier other than 1.0. The predicted baseline BAF shall be used as the human health BAF for that substance.
NR 105.10(5)(b) (b) Wildlife.
NR 105.10(5)(b)1.1. Measured BAFs and BCFs used to determine wildlife BAFs for inorganic substances shall be based on whole-body freshwater fish and invertebrate data. If it is demonstrated that edible-tissue BAFs or BCFs are similar to whole-body BAFs or BCFs, then these data are acceptable.
NR 105.10(5)(b)2. 2. If one or more field-measured baseline BAFs for an inorganic substance is available from studies conducted in the Great Lakes system with whole body of fish or invertebrates, then the following apply:
NR 105.10(5)(b)2.a. a. For each trophic level, a species mean measured baseline BAF shall be calculated as the geometric mean if more than one measured BAF is available for a given species.
NR 105.10(5)(b)2.b. b. For each trophic level, the geometric mean of the species mean measured baseline BAFs shall be used as the wildlife BAF for that substance.
NR 105.10(5)(b)3. 3. If an acceptable measured baseline BAF is not available for an inorganic substance and one or more acceptable whole-body BCFs are available for the substance, a predicted baseline BAF shall be calculated by multiplying the geometric mean of the BCFs times a FCM. The FCM shall be 1.0 unless chemical-specific biomagnification data support using a multiplier other than 1.0. The predicted baseline BAF shall be used as the wildlife BAF for that substance.
NR 105.10 Note Note: Copies of 40 CFR Part 132, Appendix B are available for inspection in the offices of the department of natural resources, secretary of state and the legislative reference bureau, Madison, WI or may be purchased from the superintendent of documents, US government printing office, Washington, D.C. 20402.
NR 105.10 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89; r. and recr., Register, August, 1997, No. 500, eff. 9-1-97.
NR 105.11 NR 105.11Final plant values.
NR 105.11(1)(1)A Final Plant Value (FPV) is the lowest plant value that was obtained with an important aquatic plant species in an acceptable toxicity test for which the concentrations of the test substance were measured and the adverse effect was biologically important. Appropriate measures of the toxicity of the substance to aquatic plants are used to compare the relative sensitivities of aquatic plants and animals.
NR 105.11(2) (2)A plant value is the result of a 96-hour test conducted with an algae or a chronic test conducted with an aquatic vascular plant. A test of the toxicity of a metal to a plant may not be used if the medium contained an excessive amount of a complexing agent, such as EDTA, that might affect the toxicity of the metal. Concentrations of EDTA above 200 mg/L should be considered excessive.
NR 105.11(3) (3)The FPV shall be established by selecting the lowest result from a test with an important aquatic plant species in which the concentrations of test material are measured and the endpoint is biologically important.
NR 105.11 Note Note: Although procedures for conducting and interpreting the results of toxicity tests with plants are not well advanced, results of tests with plants usually indicate that criteria which adequately protect aquatic animals and their uses will, in most cases, also protect aquatic plants and their uses.
NR 105.11 History History: Cr. Register, August, 1997, No. 500, eff. 9-1-97.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.